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FWOFair Work Ombudsman · 28 June 2022

Fair Work Ombudsman

Citation: FWO-2022-06-29-antonios-litigation-media-release

At a glance

Respondent
Joe Antonios Carpentry and Woodwork Pty Ltd
Penalty
$4,000
Employees affected
1
Awards cited
MA000173

What happened

The Fair Work Ombudsman commenced legal action against Joe Antonios Carpentry and Woodwork Pty Ltd, trading as ‘Wastewood’, and its sole shareholder and director, Joseph Antonios. The action followed a request for assistance from a worker who held a part-time administrative officer position from June 2020 to July 2021. A Fair Work Inspector issued a Compliance Notice in September 2021, alleging unpaid entitlements under the Clerks - Private Sector Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice, including failing to pay accrued annual leave and payment-in-lieu-of-notice.

What was decided

The Federal Circuit and Family Court imposed penalties of $4,000 against Joe Antonios Carpentry and Woodwork Pty Ltd and $1,000 against Joseph Antonios for failing to comply with the Compliance Notice. The company back-paid the worker in full after the Fair Work Ombudsman commenced legal action. The Fair Work Ombudsman is seeking further penalties and an order for the company to rectify alleged underpayments, including superannuation and interest. A directions hearing was scheduled for July 2022.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Employers should ensure they understand their obligations under awards and the Fair Work Act, including entitlements like annual leave and payment-in-lieu-of-notice.

What it means for employees

Employees who believe they have not received all their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman can help resolve pay and entitlement disputes.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcompliance

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/june-2022/20220629-antonios-litigation-media-release

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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